This is a direct appeal from the order of a three-judge District Court, convened pursuant to 28 U.S.C. 2281,1, denying appellants' prayer for injunctive relief. Jurisdiction over the appeal is based upon 28 U.S.C . 1253.2 If the three-judge court were improperly convened, however, the appeal lies not to this Court, but to the Court of Appeals. Moody v. Flowers, 387 U.S. 97. My anal-

ysis leads me to conclude that a three-judge court was not required, so I would dismiss this appeal.

The controversy involves the efforts of appellant Native American Church of Navajoland, Inc., to obtain a certificate of incorporation from the Arizona Corporation Commission. According to Arizona law, 'Any number of persons may associate themselves together and become incorporated for the transaction of any lawful business.' Ariz.Rev.Stat. 10-121 (emphasis supplied). The Commission refused to issue the certificate for the reason that it believed appellant's proposed Articles of Incorporation revealed that the organization had an unlawful purpose for incorporating, that being 'to work for unity in the use of Peyote as a Sacrament and as a means of Divine healing through its Divine power.' It appears to be conceded that the Commission's decision was prompted by the fact that the use, possession, and sale of Peyote is made a misdemeanor by Ariz.Rev.Stat . 36-1061, and because Peyote is subject to regulation as a 'dangerous drug' under Ariz.Rev.Stat. 32-1964, subsec. A par. 7, 32-1965, and 32- 1975. Appellants then sought declaratory and injunctive relief from the District Court.

Two injunctions were sought. The first asked that the Corporation Commission be enjoined from refusing to grant appellants a certificate of incorporation 'for failure to comply with Ariz.Rev.Stat. 10-121 and 36- 1061.' Insofar as this prayer asked to enjoin Commission action taken under color of Ariz.Rev.Stat. 10-121, however, it was insufficient to require a three-judge court. Nowhere in their complaint did appellants attack the constitutionality of 10-121, either on its face or as applied. Indeed, they concede its constitutionality before this Court, stating explicitly that it is 'neutral in scope and application.' (Appellants' Reply Brief, p. 4.) But, as has been long held, an action to en- [405 U.S. 901 , 903]

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